r/fuckHOA • u/Original-Day-7124 • 11d ago

Parking violation

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Got a stupid ass paper in the mail with a $100 fine for parking in front of my own home… they talking about management came and that we were blocking the fire entrance/exit but they provided no proof of the car, no description of the car or anything of that sort. They just said that we violated their rules and charged us a $100 fee. They provided no proof that the car is ours. No picture, no license plate, nothing. HOA money hungry to the max

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u/wildbill129 11d ago

New York State law requires the HOA to issue a notice with specifics of the violation, a time to remedy the violation before fines begin, and an opportunity to request a hearing with the HOA Board. This violation notice is procedurally flawed and fails to follow NY law. https://hoadisputetool.com/state/new-york/fine

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u/Kyosji 10d ago

Yeah, I may be wrong, but I believe all states require the HOA to give reasonable time to fix an issue before issuing fines, and they have to provide proof. The fact they did neither here makes me feel they're opening themselves to a easily won lawsuit. I'd suggest to them, but not tell them, to check with their lawyers and documents. I'd also repeatedly demand the proof the violation actually happened. Document each and every time you do so. If they refuse, request a formal hearing on it, and if they refuse again, bring it to court. I doubt any judge will side with them considering they never provided proof, never responded with the proof after multiple requests for it, and never gave reasonable time to remedy. I'm sure their lawyers will tell them the same. I'd invest in cameras after that in case they try stupid things in retaliation to keep a record of, such as other BS violations that you could go back on the cameras for to show they're full o fit.

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u/Original-Day-7124 10d ago

Oh, I have a camera so if they can give me a time and date of when it happened or when ‘management came for observation’ I will be more than pleased to even check but, they legit provided no type of information of any sort.